South Carolina General Assembly
114th Session, 2001-2002
Journal of the Senate

Printed Page 442 . . . . . Wednesday, January 24, 2001

Wednesday, January 24, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, tradition has it that one of the sayings of Jesus, not recorded in the canonical scriptures goes like this:

"Wherever there are two, they are not without God. And wherever there is ONE ALONE, I say I am with Him. Raise the stone, and you shall find me; cleave the wood and there I am."
Let us pray.

O Infinite and Eternal Lord, we know that in our prayer we do not invite You to come to this place... because You are already here. Of a truth, Alfred Tennyson wrote that You are "Closer to us than breathing, and nearer than hands and feet."

So, we do pray that You will make us aware of Your PRESENCE: Help us to think REVERENTLY. Help us to act RESPONSIBLY.
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Doctor of the Day

Senator PASSAILAIGUE introduced Dr. Patrick J. Kelly of Charleston, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator PATTERSON, at 2:05 P.M., Senator JACKSON was granted a leave of absence for today.

Leave of Absence

On motion of Senator MOORE, at 2:05 P.M., Senator SHORT was granted a leave of absence for today and tomorrow.

RECALLED AND READ THE SECOND TIME

H. 3196 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1505, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

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SEASONS, TAKE AND SIZE LIMITS FOR SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE OPENING DATE FOR THE SEASON FOR TAKING SHAD IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM FEBRUARY 15 TO FEBRUARY 1.

Senator RAVENEL asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.

There was no objection.

The Bill was recalled and ordered placed on the Calendar.

Senator RAVENEL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator RAVENEL, with unanimous consent, the Bill was read the second time.

There was no objection.

H. 3196--Ordered to a Third Reading

On motion of Senator RAVENEL, with unanimous consent, H. 3196 was ordered to receive a third reading on Thursday, January 25, 2001.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 191 (Word version) -- Senators Waldrep, McConnell, Leventis, Hawkins, Hutto and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-75 SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY TO A PERSON ACTING IN GOOD FAITH AND WITHOUT COMPENSATION WHO RENDERS EMERGENCY CARE TO AN ANIMAL THAT IS ABANDONED, ILL, OR INJURED.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 192 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 1, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING

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TO GENERAL PROVISIONS AND DEFINITIONS IN THE CONSUMER PROTECTION CODE, BY ADDING SECTION 37-1-410 SO AS TO PROVIDE THAT, IF THE COMPLETENESS OR ACCURACY OF AN ITEM OF INFORMATION CONTAINED IN A FILE OF A CONSUMER CREDIT REPORTING AGENCY REGARDING A CONSUMER IS DISPUTED BY THE CONSUMER, AND THE CONSUMER DIRECTLY CONVEYS IN WRITING TO THE AGENCY HIS DISPUTE, THE CONSUMER CREDIT REPORTING AGENCY SHALL REINVESTIGATE WITHIN SIXTY DAYS THAT INFORMATION, RECORD THE CURRENT STATUS OF THE INFORMATION, AND CORRECT THE INFORMATION IF THE REINVESTIGATION DETERMINES THAT THE EARLIER INFORMATION WAS INACCURATE, INCORRECT, OR INCOMPLETE.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 193 (Word version) -- Senator Giese: A BILL TO AMEND CHAPTER 102, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO REWRITE THE CHAPTER AND ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2001", TO PROVIDE FOR DEFINITIONS AND FOR APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, TO PROVIDE FOR SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, TO PROVIDE FOR THE DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, AND FOR THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, TO PROVIDE FOR WHAT AN AGENCY CONTRACT MUST STATE OR CONTAIN AND FOR A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, TO PROVIDE FOR WHEN AN AGENCY CONTRACT IS VOIDABLE, AND FOR WHEN A STUDENT ATHLETE MAY CANCEL AN AGENCY CONTRACT, TO REQUIRE AN ATHLETE AGENT TO RETAIN CERTAIN RECORDS FOR FIVE YEARS

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AND PROVIDE FOR THE INSPECTION OF THOSE RECORDS, TO PROVIDE THAT AN ATHLETE AGENT MAY NOT MAKE CERTAIN REPRESENTATIONS OR FURNISH ANYTHING OF VALUE TO STUDENT ATHLETES WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, TO PROVIDE THAT AN EDUCATIONAL INSTITUTION HAS A RIGHT OF ACTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.
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Senator GIESE spoke on the Bill.

Read the first time and referred to the Committee on Education.

S. 194 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-117-110 SO AS TO PROVIDE THAT EFFECTIVE AT THE END OF THE 2004-2005 ACADEMIC YEAR, THE SCHOOL OF MEDICINE AT THE UNIVERSITY OF SOUTH CAROLINA IN COLUMBIA IS CLOSED, AND TO PROVIDE FOR THE MANNER IN WHICH THIS CLOSURE SHALL BE ACCOMPLISHED.
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Read the first time and referred to the Committee on Education.

S. 195 (Word version) -- Senators McConnell and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-25 SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS A PARENT OR GUARDIAN WHOSE CHILD OR WARD WILL REACH THE AGE OF FOUR, FIVE, OR SIX BEFORE THE END OF DECEMBER OF A PARTICULAR SCHOOL YEAR MAY ELECT TO HAVE THAT CHILD BEGIN FOUR-YEAR-OLD KINDERGARTEN, FIVE-YEAR-OLD KINDERGARTEN, OR THE FIRST GRADE AS APPLICABLE IF IN THE PARENT'S OR GUARDIAN'S OPINION THE CHILD IS PHYSICALLY AND MENTALLY READY TO BEGIN THAT GRADE, TO PROVIDE THAT BEGINNING IN SCHOOL YEAR 2002-2003 A CHILD WHOSE BIRTHDAY FALLS BEFORE THE END OF DECEMBER MAY TAKE A "CHALLENGE TEST" ADMINISTERED AND DEVELOPED BY THE DEPARTMENT OF EDUCATION TO DETERMINE WHETHER THE CHILD IS

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INTELLECTUALLY PREPARED TO BEGIN KINDERGARTEN OR FIRST GRADE THAT YEAR AS MAY BE APPLICABLE, TO PROVIDE THAT THE AGE RESTRICTIONS OF SECTION 59-63-20 DO NOT APPLY TO A CHILD WHO PASSES THE "CHALLENGE TEST", TO PROVIDE THAT A SCHOOL DISTRICT IS ENTITLED TO STATE AID FOR ANY STUDENT WHO IS ENROLLED PURSUANT TO THIS SECTION, AND TO PROVIDE FOR THE IMPLEMENTATION OF REGULATIONS TO ADMINISTER THE PROGRAM.
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Read the first time and referred to the Committee on Education.

S. 196 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-6-3440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE TAX CREDITS FOR EMPLOYERS FOR CHILD CARE PROGRAMS, SO AS TO INCLUDE ADULT CARE.
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Read the first time and referred to the Committee on Finance.

S. 197 (Word version) -- Senators Hayes and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3495 SO AS TO PROVIDE A CREDIT AGAINST THE CORPORATE INCOME TAX FOR A PORTION OF THE DIRECT PAYROLL EXPENDITURE OF A MANUFACTURER FOR HIRING A STUDENT IN A PUBLIC SECONDARY EDUCATION "SCHOOL TO WORK" PROGRAM.
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Read the first time and referred to the Committee on Finance.

S. 198 (Word version) -- Senators Leatherman, Leventis, Martin, Giese, Mescher, McConnell, Courson, J. Verne Smith, Thomas and Verdin: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN

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THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
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Read the first time and referred to the Committee on Finance.

S. 199 (Word version) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander and Verdin: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
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Read the first time and referred to the Committee on Finance.

S. 200 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A TRAVEL TRAILER WITH SLEEPING, COOKING, AND BATHROOM FACILITIES IS CONSIDERED TO BE A PRIMARY OR SECOND RESIDENCE AND IS CONSIDERED REAL PROPERTY FOR PROPERTY TAX PURPOSES.
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Read the first time and referred to the Committee on Finance.

S. 201 (Word version) -- Senator Ryberg: A SENATE RESOLUTION PROVIDING FOR THE REIMBURSEMENT OF LEGAL FEES

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INCURRED BY STATE EMPLOYEES RESPONDING TO SUBPOENAS ISSUED BY THE SENATE FINANCE COMMITTEE IN CONNECTION WITH THE CAPITAL GAINS INVESTIGATION, TO PROVIDE FOR A CLAIM FOR REIMBURSEMENT TO BE MADE TO THE SENATE FINANCE COMMITTEE, AND TO PROVIDE THAT UPON VERIFICATION THE COMMITTEE SHALL FORWARD THE CLAIM TO THE CLERK OF THE SENATE FOR PAYMENT FROM THE APPROVED ACCOUNTS OF THE SENATE.
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The Senate Resolution was introduced and referred to the Committee on Finance.

S. 202 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 50-3-316, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING DEPARTMENT OF NATURAL RESOURCES ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT AN ENFORCEMENT OFFICER MAY LIVE IN THE COUNTY FOR WHICH HE IS EMPLOYED OR WITHIN FIFTY MILES FROM THE BORDER OF THAT COUNTY.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 203 (Word version) -- Senators Wilson and Leventis: A BILL TO AMEND SECTION 43-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AND REGIONAL DIRECTORS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ELIMINATE REGIONAL DIRECTORS, TO REQUIRE COUNTY DIRECTORS TO BE CLASSIFIED IN ACCORDANCE WITH THE STATE CLASSIFICATION PLAN AND SUBJECT TO THE MERIT SYSTEM RULE, AND TO DELETE THE PROVISION STATING THAT DIRECTORS SERVE AT THE PLEASURE OF THE DIRECTOR OF THE DEPARTMENT OF SOCIAL SERVICES.
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Read the first time and referred to the General Committee.

S. 204 (Word version) -- Senator Hawkins: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING

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THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.
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Read the first time and referred to the Committee on Judiciary.

S. 205 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 1-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE MINORITY AFFAIRS COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST MEET QUARTERLY AND AS THE CHAIRMAN FINDS NECESSARY INSTEAD OF MEETING AT LEAST MONTHLY.
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Read the first time and referred to the Committee on Judiciary.

S. 206 (Word version) -- Senator Fair: A BILL TO AMEND TITLE 20, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE BY ADDING ARTICLE 4, SO AS TO ENACT THE "SOUTH CAROLINA COVENANT MARRIAGE ACT" BY AUTHORIZING COUPLES TO ENTER INTO COVENANT MARRIAGES AND PROVIDING FOR COVENANT MARRIAGE DECLARATIONS ON MARRIAGE LICENSES, PROVIDING PREREQUISITES TO ENTERING INTO A COVENANT MARRIAGE, INCLUDING COUNSELING, AND AUTHORIZING A COVENANT MARRIAGE DECLARATION BY THOSE ALREADY MARRIED; TO AMEND SECTION 20-1-220, AS AMENDED, RELATING TO THE APPLICATION, ISSUANCE, AND FILING OF MARRIAGE LICENSES, SO AS TO APPLY THESE PROCEDURES TO LICENSES FOR COVENANT MARRIAGES AND TO REQUIRE A THIRTY-DAY WAITING PERIOD BEFORE ISSUANCE OF A COVENANT MARRIAGE LICENSE; TO ADD SECTION 20-1-225 SO AS TO REQUIRE COVENANT MARRIAGE LICENSE APPLICANTS TO PRESENT CERTIFICATES STATING THEY HAVE BEEN GIVEN A

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STANDARD SEROLOGIC TEST FOR SEXUALLY TRANSMITTED DISEASES, TO REQUIRE THE CERTIFICATE TO BE FILED WITH THE PROBATE COURT, AND TO PROVIDE PENALTIES; TO AMEND SECTION 20-1-230, AS AMENDED, AND SECTIONS 20-1-310 AND 20-1-340, ALL RELATING TO THE APPLICATION, ISSUANCE, AND FILING OF MARRIAGE LICENSES, SO AS TO APPLY THESE PROCEDURES TO LICENSES FOR COVENANT MARRIAGES AND TO REQUIRE A THIRTY-DAY WAITING PERIOD BEFORE ISSUANCE OF A COVENANT MARRIAGE LICENSE; AND TO AMEND SECTION 20-3-10 RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT IN A COVENANT MARRIAGE, THE GROUND FOR DIVORCE OF CONTINUOUS SEPARATION IS FOR A PERIOD OF AT LEAST TWO YEARS.
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Read the first time and referred to the Committee on Judiciary.

S. 207 (Word version) -- Senator Holland: A JOINT RESOLUTION TO REESTABLISH A TASK FORCE TO STUDY, MAKE RECOMMENDATIONS, AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ENSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.
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Read the first time and referred to the Committee on Judiciary.

S. 208 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 42-1-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND REMEDIES OF WORKERS' COMPENSATION CLAIMANTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT, IN CASES INVOLVING A PROGRESSIVE DISEASE IN WHICH A CLAIM FOR WORKERS' COMPENSATION DOES NOT VEST UNTIL THE EMPLOYEE BECOMES DISABLED OR A CARRIER ADMITS LIABILITY, AND A THIRD PARTY ACTION IS LIKELY TO BE BARRED BY AN APPLICABLE STATUTE OF LIMITATIONS BEFORE THE EMPLOYEE'S CLAIM VESTS, AN EMPLOYEE, HIS PERSONAL REPRESENTATIVE, OR OTHER PERSON WHO HAS A RIGHT TO RECOVER DAMAGES FOR INJURY, LOSS OF SERVICE, OR DEATH FROM ANY PERSON OTHER THAN THE EMPLOYER, MAY INSTITUTE AN ACTION

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AT LAW AGAINST THIRD PARTIES BEFORE AN AWARD FOR THE DISEASE IS MADE AND PROSECUTE IT TO ITS FINAL DETERMINATION WITHOUT BEING BARRED FROM RECEIVING WORKERS' COMPENSATION BENEFITS FOR THE DISEASE WHEN THE CLAIM VESTS, AND TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION HAS JURISDICTION IN SUCH CASES TO APPROVE SETTLEMENTS AND ATTORNEYS FEES IN CONNECTION WITH CLAIMS AND ACTIONS AGAINST THIRD PARTIES.
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Read the first time and referred to the Committee on Judiciary.

S. 209 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-11-410(4)(d), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS FOR CONTRACTORS, SO AS TO PROVIDE THAT THE MARINE SUBCLASSIFICATION DOES NOT INCLUDE WORK PERFORMED ON RESIDENTIAL PROPERTY USED FOR FAMILY DWELLINGS OR COMMON AREAS FOR RESIDENTIAL USE.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 210 (Word version) -- Senator Giese: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 20, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WITH MENTAL RETARDATION, RELATED DISABILITIES, HEAD INJURIES, AND SPINAL CORD INJURIES, SO AS TO ALSO APPLY THIS CHAPTER TO PERSONS WITH EPILEPSY, TO CONFORM REFERENCES THROUGHOUT THE CHAPTER, TO MAKE TECHNICAL CORRECTIONS, AND TO RENAME CHAPTER 20, TITLE 40 "SOUTH CAROLINA MENTAL RETARDATION, RELATED DISABILITIES, EPILEPSY, HEAD INJURIES, AND SPINAL CORD INJURIES ACT".
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Read the first time and referred to the Committee on Medical Affairs.

S. 211 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-1-440, AS AMENDED, CODE OF LAWS OF SOUTH

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CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE, SO AS TO REVISE THE PERIOD OF TIME IN WHICH A PERSON MAY HAVE A CHARGE OF DRIVING A MOTOR VEHICLE WITHOUT A DRIVER'S LICENSE DISMISSED; TO AMEND SECTION 56-10-225, AS AMENDED, RELATING TO MAINTAINING PROOF IN A REGISTERED MOTOR VEHICLE AT ALL TIMES THAT THE MOTOR VEHICLE IS INSURED, SO AS TO REVISE THE TIME PERIOD IN WHICH A PERSON CHARGED WITH FAILING TO MAINTAIN PROOF THAT A MOTOR VEHICLE IS INSURED MAY HAVE THE CHARGE DISMISSED.
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Read the first time and referred to the Committee on Transportation.

S. 212 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 469 OF 2000, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF YORK COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATE BY WHICH CANDIDATES MUST FILE FOR ELECTION TO THESE OFFICES.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 213 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 459 OF 2000, RELATING TO PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE AND AUTHORIZING THE COMMITTEE TO EXPEND CERTAIN FUNDS FOR CONTRACTUAL SERVICES, SO AS TO PROVIDE THAT COMMITTEE MEMBERS MAY BE PAID THE USUAL MILEAGE FOR THEIR ROAD INSPECTIONS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 213--Ordered to a Second and Third Reading

On motion of Senator MATTHEWS, S. 213 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 214 (Word version) -- Senators Reese, Hawkins and Ritchie: A BILL TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE

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CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY SO AS TO INCREASE THE NUMBER OF COMMISSIONERS SERVING ON THE INMAN-CAMPOBELLO WATER DISTRICT COMMISSION FROM THREE TO FIVE.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 214--Ordered to a Second and Third Reading

On motion of Senator REESE, with unanimous consent, S. 214 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 215 (Word version) -- Senator Bauer: A SENATE RESOLUTION TO COMMEND RICK DANIEL OF IRMO FOR HIS EFFORTS TO ENSURE THAT FUTURE GENERATIONS OF SOUTH CAROLINIANS WILL ENJOY THE RIGHT TO KEEP AND BEAR ARMS THROUGH HIS SUPPORT OF RESPONSIBLE GUN OWNERSHIP AND GUN SAFETY LEGISLATION AND TO CONGRATULATE HIM FOR BEING CHOSEN AS ONE OF THE FIRST RECIPIENTS OF THE FREEDOM FIRST MEMBER OF THE YEAR AWARD OF THE NATIONAL RIFLE ASSOCIATION.
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The Senate Resolution was adopted.

S. 216 (Word version) -- Senators Martin, J. Verne Smith, Alexander, Drummond, Anderson, Bauer, Branton, Courson, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Saleeby, Setzler, Short, Thomas, Verdin, Waldrep, Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND CONCERN OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA REGARDING THE UNPRECEDENTED INCREASES IN THE PRICE OF NATURAL GAS AND THE RESULTING IMPACT ON OUR STATE'S FAMILIES AND BUSINESSES AND URGE THE CONGRESS AND PRESIDENT OF THE UNITED STATES TO TAKE APPROPRIATE ACTION TO ENACT AN ENERGY POLICY THAT WILL ENSURE AN ADEQUATE,

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REASONABLY PRICED SUPPLY OF NATURAL GAS FOR CONSUMERS IN SOUTH CAROLINA AND THROUGHOUT THE UNITED STATES.
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Senator MARTIN spoke on the Resolution.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 3301 (Word version) -- Rep. J.R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SILVER BLUFF HIGH SCHOOL "BULLDOGS" FOOTBALL TEAM OF AIKEN COUNTY AND THEIR COACHES FOR AN EXCEPTIONAL UNDEFEATED SEASON AND ON WINNING THE 2000 CLASS AA STATE FOOTBALL CHAMPIONSHIP.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3318 (Word version) -- Reps. Littlejohn, Allison, Davenport, Talley, Sinclair, Lee, W.D. Smith, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO COMMEND FORMER REPRESENTATIVE T. W. EDWARDS, JR. FOR HIS YEARS OF LEADERSHIP AND DEDICATED SERVICE TO THIS STATE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO WISH HIM AND HIS FAMILY MANY YEARS OF HEALTH AND HAPPINESS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3345 (Word version) -- Reps. Govan, Cobb-Hunter, Stuart, Ott and Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. G. DAVID DRAKE OF ORANGEBURG, AND EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3346 (Word version) -- Reps. Govan, Cobb-Hunter, Stuart, Sharpe and Ott: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND F. HALL YARBOROUGH OF ORANGEBURG FOR HIS

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LEADERSHIP AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AS A FORMER MEMBER OF THE GENERAL ASSEMBLY AND IN MANY OTHER CAPACITIES AND TO WISH HIM MANY MORE YEARS OF HEALTH AND HAPPINESS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3347 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. VERONICA D. CLINKSCALES OF MARLBORO COUNTY FOR HER MANY YEARS OF UNSELFISH PUBLIC SERVICE, HER CONTRIBUTIONS TO THE 4-H YOUTH AND HOME ECONOMICS PROGRAMS, AND TO WISH HER HAPPINESS AND GOOD FORTUNE IN HER RETIREMENT.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator FORD from the Committee on Judiciary submitted a favorable report on:

S. 57 (Word version) -- Senators Elliott and Glover: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATE.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:

S. 132 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 56-5-2930 OR SECTION 56-5-2933 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF DETERMINING SUBSEQUENT VIOLATIONS IN ACCORDANCE WITH SECTION 56-5-2940.

Ordered for consideration tomorrow.

Printed Page 456 . . . . . Wednesday, January 24, 2001

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC CHAPTER OF THE AMERICAN PLANNING ASSOCIATION to attend a breakfast in 221 Blatt Building on Thursday, February 1, 2001, from 8:00-9:00 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

An invitation from the SC ARTS ALLIANCE to attend a luncheon at the Clarion Town House on Tuesday, February 6, 2001, immediately upon adjournment and lasting until 2:30 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Printed Page 457 . . . . . Wednesday, January 24, 2001

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the CAROLINAS AGC to attend a reception, at the Koger Center for the Arts on Tuesday, February 6, 2001, from 6:00-8:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC PTA to attend a reception at the Seibels House on Tuesday, February 6, 2001, from 8:00 until 9:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Printed Page 458 . . . . . Wednesday, January 24, 2001

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the AMERICAN ASSOCIATION OF RETIRED PERSONS to attend a breakfast at the Clarion Town House on Wednesday, February 7, 2001, from 8:00 until 10:00 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC SCHOOL FOR THE DEAF AND THE BLIND to attend a luncheon/drop-in in Room 221 Blatt Bldg. on Wednesday, February 7, 2001, from 12:00 until 2:00 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 1; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

Printed Page 459 . . . . . Wednesday, January 24, 2001

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC DEPARTMENT OF NATURAL RESOURCES to attend a reception at the State Museum on Wednesday, February 7, 2001, from 6:00 until 6:30 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC OPTOMETRIC ASSOCIATION to attend a reception at the Adam's Mark Hotel on Wednesday, February 7, 2001, from 6:00 until 8:30 P.M.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

Printed Page 460 . . . . . Wednesday, January 24, 2001

NAYS

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from ETV ENDOWMENT and SC EDUCATIONAL TELEVISION to attend a breakfast at the SCETV Telecommunications Center on Thursday, February 8, 2001, from 8:00 until 9:30 A.M.

Poll of the Invitations Committee
Polled 11; Ayes 10; Nays 0; Not Voting 1

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Richardson

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

Bauer

TOTAL--1

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the MEMBERS OF THE SC SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT and FAMILY COURT to attend a barbecue supper at the National Guard Armory on Tuesday, February 13, 2001, from 6:00 until 8:00 P.M.

Printed Page 461 . . . . . Wednesday, January 24, 2001

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 O'Dell                    Passailaigue
McGill                    Waldrep                   Alexander
Bauer                     Richardson

TOTAL--11

NAYS

TOTAL--0

HOUSE CONCURRENCE

S. 160 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANCE OF ALL SCHOOL NURSES IN SOUTH CAROLINA WHO HELP ENSURE THE HEALTH, SAFETY, AND ACADEMIC SUCCESS OF OUR YOUNG STUDENTS AND TO COMMEND THEM FOR THEIR CONTRIBUTIONS TO THE YOUTH OF THIS STATE.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 174 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 7, 2001, AS THE TIME TO ELECT JUDGES TO CERTAIN SEATS OF THE COURT OF APPEALS; TO ELECT JUDGES TO VARIOUS CIRCUITS AND SEATS OF THE CIRCUIT COURT; TO ELECT JUDGES TO VARIOUS CIRCUITS AND SEATS OF THE FAMILY COURT; AND TO ELECT A JUDGE FOR THE ADMINISTRATIVE LAW JUDGE DIVISION. (ABBREVIATED TITLE)

Returned with concurrence.

Received as information.

Printed Page 462 . . . . . Wednesday, January 24, 2001

ACTING PRESIDENT PRESIDES

At 2:20 P.M., Senator MARTIN assumed the Chair.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

H. 3282 (Word version) -- Reps. Townsend, Neilson, Jennings, Harrison, McLeod and Scott: A BILL TO AMEND ACT 387 OF 2000, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2000-2001, BY AMENDING PART 1B (TEMPORARY PROVISIONS), PARAGRAPH 1.25 SO AS TO INCREASE FROM SIX TO TWELVE MONTHS THE PERIOD THAT THE STATE DEPARTMENT OF EDUCATION MAY WAIVE THE REQUIRED PRAXIS II SUBJECT AREA EXAM FOR CERTAIN TEACHERS.

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the third reading Calendar:

H. 3284 (Word version) -- Reps. Littlejohn and W.D. Smith: A BILL TO AMEND ACT 178 OF 1963, AS AMENDED, RELATING TO THE CONVERSE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DISTRICT'S BORROWING LIMIT FROM TWENTY THOUSAND DOLLARS TO EIGHT HUNDRED FIFTY THOUSAND DOLLARS.

H. 3284--Ordered to a Third Reading

On motion of Senator RITCHIE, H. 3284 was ordered to receive a third reading on Thursday, January 25, 2001.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

Printed Page 463 . . . . . Wednesday, January 24, 2001

MOTION PERIOD

On motion of Senator McCONNELL, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE CONCURRENT RESOLUTIONS.

Adopted

H. 3291 (Word version) --Reps. Delleney and W.D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 7, 2001, AS THE TIME TO ELECT JUDGES TO CERTAIN SEATS OF THE COURT OF APPEALS; TO ELECT JUDGES TO VARIOUS CIRCUITS AND SEATS OF THE CIRCUIT COURT; TO ELECT JUDGES TO VARIOUS CIRCUITS AND SEATS OF THE FAMILY COURT; AND TO ELECT A JUDGE FOR THE ADMINISTRATIVE LAW JUDGE DIVISION.
(ABBREVIATED TITLE)

The Concurrent Resolution was adopted, ordered returned to the House.

THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE CALENDAR.

CARRIED OVER

S. 67 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.

On motion of Senator McCONNELL, the Bill was carried over.

ADJOURNMENT

At 2:46 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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